When did the Japan Patent Office become available as an International Searching Authority for U.S. applicants?
The Japan Patent Office (JPO) became available as an International Searching Authority (ISA) for certain U.S. applicants on July 1, 2015. According to the MPEP: Since July 1, 2015, the Japan Patent Office (JPO) has been available as an International Searching Authority (ISA) for PCT applications filed by U.S. nationals or residents in the U.S.…
Read MoreWhen did the EPO become available as an International Searching Authority for U.S. applicants?
The European Patent Office (EPO) became available as an International Searching Authority (ISA) for PCT applications filed by U.S. nationals or residents on October 1, 1982. MPEP 1840.01 specifically states: “Since October 1, 1982, the European Patent Office (EPO) has been available as an International Searching Authority for PCT applications filed by U.S. nationals or…
Read MoreWhat is the effective date for claims in a reissue application?
Claims in a reissue application are treated as if they were presented in the original patent for the purpose of evaluating patentability over prior art. The MPEP 1440 states: “The claims in a reissue application are treated as if they were presented in the patent being reissued for purposes of evaluating patentability over prior art,…
Read MoreWhat is the effective date of an abandoned application as prior art?
The effective date of an abandoned application as prior art can vary: For published abandoned applications, the effective date is typically the publication date under 35 U.S.C. 102(a)(1). For unpublished abandoned applications referenced in other documents, the effective date is when the information became publicly available. The MPEP cites case law: “In re Heritage, 182…
Read MoreWhen did the design patent term change from 14 to 15 years?
The change in design patent term from 14 to 15 years took effect on May 13, 2015. This change was implemented by the Patent Law Treaties Implementation Act of 2012 (PLTIA), which was signed into law on December 18, 2012. The MPEP states: “On December 18, 2012, the Patent Law Treaties Implementation Act of 2012…
Read MoreWhat is the effective date for invoking the prior art exception under 35 U.S.C. 102(b)(2)(C)?
What is the effective date for invoking the prior art exception under 35 U.S.C. 102(b)(2)(C)? The effective date for invoking the prior art exception under 35 U.S.C. 102(b)(2)(C) is important to understand. According to the MPEP 717.02(a): “The effective date of the CREATE Act provisions of the AIA is September 16, 2012.” This means that…
Read MoreHow is the effective date of a printed publication determined for 37 CFR 1.131(a) purposes?
For the purposes of 37 CFR 1.131(a) affidavits or declarations, the effective date of a printed publication is its publication date, not the date it was received by the publisher. The MPEP states: A printed publication, including a published foreign patent application, is effective as of its publication date, not its date of receipt by…
Read MoreWhat is the effective date for prior art exceptions under AIA 35 U.S.C. 102(b)(2)(C)?
The effective date for prior art exceptions under AIA 35 U.S.C. 102(b)(2)(C) is important to understand. According to MPEP 717.02(b): The exception under AIA 35 U.S.C. 102(b)(2)(C) applies to all applications filed on or after March 16, 2013, and to applications filed before March 16, 2013 that are subject to the first inventor to file…
Read MoreWhat is the effective date for applying the AIA 35 U.S.C. 102(b)(2)(C) exception?
What is the effective date for applying the AIA 35 U.S.C. 102(b)(2)(C) exception? The AIA 35 U.S.C. 102(b)(2)(C) exception applies to patent applications and patents subject to AIA 35 U.S.C. 102 and 103. According to MPEP 717.02: ‘The date of this change in practice is the date of the enactment of the AIA, September 16,…
Read MoreWhat date must be overcome in a 37 CFR 1.131(a) affidavit or declaration?
When filing an affidavit or declaration under 37 CFR 1.131(a), the date that must be overcome is the effective date of the reference being used in the rejection. The MPEP clearly states: The date to be overcome under 37 CFR 1.131(a) is the effective date of the reference (i.e., the date on which the reference…
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